Priyadarshi Dutta
15 Jan 2014
Why Mahatma Gandhi would have burnt Aadhar cards
Nandan Nilekani, Chairman, Unique Identification Authority of India (UIDAI), is likely to contest the Lok Sabha election on a Congress ticket from South Bangalore constituency. Meanwhile, the fate of the UIDAI — which Nilekani had been heading since January 28, 2009 – hangs in a legislative vacuum. After the Standing Committee on Finance (2011-12) rejected the National Identification Authority of India Bill, 2010, in its 42nd report presented to Lok Sabha December 13, 2011, the UIDAI was expected to be wound up. But the UPA Government expanded its footprint without bringing any fresh legislation in the last two years. Congress-ruled States like Andhra Pradesh, Kerala and Delhi tried to make Aadhar Card mandatory for a host of subsidy-related services.
Courts crack the whip on Aadhar absolutism
With Andhra Pradesh High Court judgement striking down Aadhar-LPG subsidy link and the Supreme Court pronouncing that in matters of essential services, no citizen should suffer for want of Aadhar Card, the extra-legal game of Aadhar absolutism has been dealt a blow. A section of the media propagated that the Government could bring legislation on Aadhar Card in the Winter Session to get better of the legal hurdle. But that it easier said than done because the caveat of the Standing Committee stands in the way. The Government has done precious little in the last two years to address the lawmakers’ concerns on the flagship project. With a likely change of the Government in the Centre, Nilekani should be mentally prepared for losing his Cabinet Minister rank post. Nilekani is an icon of the UPA philosophy of DBT (Direct Benefit Transfer). The failure to legislate on UIDAI reflects on the failure of the philosophy of the UPA Government.
Aadhar, a card or number?
There is division within the Government itself on whether Aadhar is a card or a number. Montek Singh Ahluwalia, the Deputy Chairman, Planning Commission says Aadhar is a number. At present, the UIDAI is attached to the Planning Commission. One is free to tear the card into pieces, as long as one can remember the number or keep a record of it. But what is so indispensable about Aadhar if it were a number in DBT? Money can be transferred to one’s account with help of MICR number/core banking facility. But the irony is that there are many people in this country who have an Aadhar but not a bank account or post office account. Moreover, is there the facility of an Aadhar Card reader everywhere if details are suspect?
Aadhar Card: Indian citizenship is no game
One of the most controversial features of the Aadhar Card project is biometric identification system. Prints of all ten fingers and iris scans are captured for the Aadhar. Civil society activists view this as dangerous invasion of privacy. Not even under Indian Evidence Act, 1872 can one be forced to give his/her finger prints in anticipation of a crime.
Gandhi’s Satyagraha in South Africa was against biometric permit
Historically, it was a piece of legislation on biometrical identification that provoked Gandhi to launch his first Satyagraha in South Africa. Nilekani’s good friend and fellow Trustee in The New India Foundation, Bangalore, historian Ramachandra Guha would have been a fit person to tell him that story. Guha recently published the first volume of Gandhi’s biography ‘Gandhi before India’ spanning his years in England and South Africa. Since I do not have that book, I resort to the time-tested Mahatma Vol-1 by DG Tendulkar. On August 22, 1906 the Transvaal Government had published a new ordinance that Indians, Arabs and Turks aged eight years or above in Transvaal Republic (later province) of South Africa must register their names with the Registrar of Asiatics. The registration involved finger and thumb impressions. Any Indian failing to comply would be fined with £ 100 or imprisoned for three months and even deported. These certificates needed to be produced whenever and wherever required. The Transvaal Government unlike the UPA, did not keep the issue hanging. They introduced the Bill in the Assembly on September 4, 1906. The legislation was firmly resisted by almost all Indians, Pathans and Chinese. On September 11, 1906 a meeting of the Indians of Transvaal was held in Jewish Empire Theatre at Johannesburg. Advocate Gandhi, addressing the 3,000-strong audience said, “I have studied the whole of anti-Asiatic legislative Acts through South Africa but have not come across anything like this present ordinance… There is only one course open to me, namely, to die, but not submit to the law, even if everyone else were to hold back, leaving me alone. I am confident that I should never violate my pledge.” September 11, 1906 is considered the date when Satyagraha was first launched. At that time it was called passive resistance. Later, the name was Indianised into Satyagraha based on a best word contest in Indian Opinion, a journal published by Gandhi. The entire Indian community, alongside the Chinese, resisted against this draconian law. As a result, the British found few registrants amongst the Asian population. Gandhi underwent a 20-day imprisonment (January 10-30, 1908) along with other volunteers to protest against the legislation.
Snowden’s exile a warning against UID scheme
However, after his release from the prison, Gandhi took a U-turn. He had apparently been misguided by the Government with false assurances. He said Indians should voluntarily register themselves, and the legislation would be withdrawn. Some listened to Gandhi’s advice. But many saw this as a betrayal. A stout Pathan even attacked Gandhi physically alleging him to have betrayed the community for £ 15,000. Gandhi sustained serious injuries on his face as he fell on a rock.
Gandhi burns registration certificates
But Gandhi soon realised that the Government had beguiled him. On May 25, 1908, Gandhi was informed that the Government would legalise voluntary registrations made till date. The legislation would not be withdrawn and extended. Those who had voluntarily registered, now decided, under Gandhi, to burn their certificates publicly. On August 16, 1908, a public meeting was held on the grounds of Hamidia Mosque in Johannesburg. In that landmark protest, Gandhi received more than 2,000 certificates to be burnt. The certificates were thrown into a cauldron full of paraffin and set ablaze by Esop Mian, the chairman of the meeting. The audience cheered resoundingly.
UK repealed Identity Cards Act
In the Centenary year of the Transvaal legislation, the United Kingdom passed Identity Cards Act, 2006. But it had to be repealed citing a range of reasons, like high cost, unsafe, untested and unreliable technology, besides altering the relationship between the state and its citizen. The official estimate for Aadhar Card over five years (2009-2014) was Rs. 3170.32 crores. But as per some news items the total cost of UID scheme might run up to Rs.1,50, 000 crores.
Aadhar no proof of citizenship
Aadhar was initially envisaged for Below Poverty Line families. But later on it was made universal without any legislation. But the most interesting thing about Aadhar Card is that it is not a proof of citizenship. It is to be issued to ‘residents’ which might include Bangladeshi infiltrators. Then it would become a valid platform for DBT, which even infiltrators can enjoy. The confusion is compounded by existence of another card called National Population Registration Card (NPR Cards). Those who have NPR cards need not have Aadhar. In fact, as per an HT report, residents of Uttar Pradesh would get NPR cards but not Aadhar.
In Mumbai, Bangladeshis get Aadhar Cards for Rs 2500
Interestingly, the BJP has said nothing definitive on the Aadhar. This is despite the fact that the Standing Committee on Finance that rejected the UID legislation was chaired by Yashwant Sinha, Finance Minister in the erstwhile NDA Government. Does it mean that the party has nothing to say on the Aadhar Card project?
Similarly, Delhi Chief Minister Arvind Kejriwal is also silent on Aadhar Card. Sheila Dikshit had made it mandatory even for marriage registration even without a Central legislation.
Mahatma Gandhi would have surely burnt the Aadhar Cards. But it seems Ramachandra Guha never related the South Africa incident to his good friend Nilekani.
